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emanresu
Posted on: Mon, 16 Apr 2018 - 19:28


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With this one, it will be the pic of the signs that will win it for you. Have you got a pic of the wording? AFAIK it is badly worded so an easy send off.

They used to use Gladstones who made so many errors they've switched. Can't see CBS being any better.

An old pic which says display a valid ticket. It was valid so there is no breach .....

  Forum: Private Parking Tickets & Clamping · Post Preview: #1374867 · Replies: 12 · Views: 290

emanresu
Posted on: Sun, 15 Apr 2018 - 07:04


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QUOTE
''If you are using or intend to use an ANPR system, it is important that you undertake a privacy impact assessment to justify its use and show that its introduction is proportionate and necessary.''


This is a significant point under the new GDPR from 25th May 2018.

QUOTE
Key changes under the GDPR

Your service needs to be able to demonstrate that you comply with the law through policies and procedures

You must document the data you hold, where it came from and who you share it with

You must complete a data protection impact assessment when making certain changes to the way you use data

You need to have more robust procedures in place if you process children’s personal data

You’ll have to report serious data breaches to the ICO within 72 hours of becoming aware of them: UCS please note.

You must explain clearly and in detail how you use people's data in privacy notices

People can ask you to delete their data, change it or give them a copy within a month of the request [Relevant for the issue where there is no KL and the RK was not driving]

You need to check you have appropriate safeguards for data sharing, in particular outside the EU

When you get consent to use or share personal data it needs to be more specific and you’ll need a record of it
  Forum: Private Parking Tickets & Clamping · Post Preview: #1374502 · Replies: 3 · Views: 235

emanresu
Posted on: Thu, 12 Apr 2018 - 18:49


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If the DVLA have taken a stand then the next stage is the ICO. Why not take the DVLA at their word - they've investigated and can find no wrong - and escalate to the ICO for an opinion. It is amazing what the DVLA will do ....
  Forum: Private Parking Tickets & Clamping · Post Preview: #1373972 · Replies: 45 · Views: 2,142

emanresu
Posted on: Thu, 5 Apr 2018 - 15:58


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QUOTE
at night


The issue here will be could any normal person see the signs they claim are there. So two issues a) were they lit up and b) were they there despite their claims they were.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1372113 · Replies: 6 · Views: 285

emanresu
Posted on: Thu, 5 Apr 2018 - 12:13


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How long and what about the counterclaim? See #41

You should write to them and point out the judge has made a ruling on the same facts as those they are chasing again. Invite them to drop the case but include a list of your costs for both cases.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1372056 · Replies: 50 · Views: 2,429

emanresu
Posted on: Thu, 5 Apr 2018 - 04:45


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QUOTE
I don't think so.


It is always useful to have alternative views. Why not test your idea by picking up one of the claims on this site and going along with the OP to court to argue your alternative view with the judges that actually apply Beavis.

Come back with the court's reply.

Anything else is simply opinion that is untested at court.
  Forum: The Flame Pit · Post Preview: #1371973 · Replies: 13 · Views: 692

emanresu
Posted on: Tue, 3 Apr 2018 - 12:51


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QUOTE
the court advice say's I should allocate the whole day to it


I'd put my money on 10 minutes with the DJ hoping you don't want to spend a lot of time on the counterclaim. Work with him/her and you'll be out in no time with a win and costs.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1371558 · Replies: 50 · Views: 2,429

emanresu
Posted on: Tue, 3 Apr 2018 - 12:27


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Maidstone will be a good court for you as they are up to speed on their nonsense.

In response to "There is no legal impediment to my contracting to sell you Buckingham Palace." you might want to suggest that despite the many times Gladstones have threatened to sell Buckingham Palace, they and their clients never seem to bother. There may be a good reason for this.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1371551 · Replies: 50 · Views: 2,429

emanresu
Posted on: Tue, 3 Apr 2018 - 09:59


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The creditor that sold the debt was Northwest Parking Enforcement. Why would the audit of Northwest Parking Management be of any interest?

Suggest you go back and ask why.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1371502 · Replies: 175 · Views: 14,522

emanresu
Posted on: Sun, 1 Apr 2018 - 10:54


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You are completely missing the point and wandering all over the place.

The driver could have seen the signs, parked under Kevin's nose and told him to put the ticket where the sun don't shine. It is all irrelevant to the non-driving keeper who wasn't there IF the paperwork doesn't meet the Keeper Liability provisions.

As a judge said the other day to a hapless UKCPM victim "I apply the law as it is, not as I want it to be"
  Forum: Private Parking Tickets & Clamping · Post Preview: #1371229 · Replies: 136 · Views: 6,792

emanresu
Posted on: Sun, 1 Apr 2018 - 09:55


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QUOTE
There is only one sign and clearly fails to meet the IPC code of practice


And that is an opinion of someone that wasn't there according to 7 witnesses.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1371221 · Replies: 136 · Views: 6,792

emanresu
Posted on: Sun, 1 Apr 2018 - 07:54


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QUOTE
I’m more than happy to go to court


You don't really have much choice in the matter if they intend to continue.

Since you were not driving - posts #18 and #25, then it comes down to whether they met KL or they intend to prove you were driving.

It may be useful to put in a costs schedule under CPR 27.14.2.g on the basis that Kevin has clearly read #18 and #25 and intends to continue without the necessary evidence of KL/driving - an abuse of the court process in itself.


Edit: I must express some sympathy for the PPC's here. The CPR clearly says "narrow the issues" which prompts the question do the OP's try to narrow them in the first place or do they use the "spray and pray" templates to be found on Another Site. These S&P's appear to be designed to frustrate the CPR and to bore the PPC to death. No wonder they react as they can get wins further down the line at the WS stage as the OP's are clueless on the relevant issues.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1371209 · Replies: 136 · Views: 6,792

emanresu
Posted on: Sun, 1 Apr 2018 - 06:17


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Charming man.

https://uk.linkedin.com/in/kevin-mcmanus-92874634

Recommendations 1 person has recommended Kevin McManus

Only 1 despite "I get inundated with 'connection requests' "
  Forum: Private Parking Tickets & Clamping · Post Preview: #1371202 · Replies: 136 · Views: 6,792

emanresu
Posted on: Sat, 31 Mar 2018 - 06:19


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QUOTE
That would mean that I could potentially be living with this 'shadow' for upto 6 years.


There are other mechanisms apart from a LBA/Court to sort your (and fellow tenants) problems. Try investigating them.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1371068 · Replies: 69 · Views: 3,335

emanresu
Posted on: Fri, 30 Mar 2018 - 13:54


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QUOTE
there has never been any pictures provided


Because you didn't ask for it from the data controller at the PPC. If they refuse they are not only in breach of the DPA, they could have their ICO registration taken away. No ICO - no access.

Technically you could have asked Gladstones under the DPA and they may claim exemption but the ICO says "The fact that legal proceedings are contemplated or ongoing is not an automatic exemption from subject access". No one has tested them so far but it is only a question of time.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1370947 · Replies: 136 · Views: 6,792

emanresu
Posted on: Fri, 30 Mar 2018 - 07:07


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QUOTE
I didn’t think GDPR came into effect until may?


Many of them are working to it already with any £10 being returned if sent.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1370892 · Replies: 136 · Views: 6,792

emanresu
Posted on: Fri, 30 Mar 2018 - 05:52


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QUOTE
We will not be providing all of the evidence that we intend to rely on in court at this stage, however, naturally, they will be provided upon allocation via a 'Witness Statement'.


Just a heads up that any request for "further and betters" should have two options. You ask under the CPR to narrow the issues but add that if they consider the CPR irrelevant [and get that phrase in], you'd like the information under GDPR. They can't refuse both.

GDPR now makes access to personal information (pics and paperwork) free whereas it used to be £10.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1370888 · Replies: 136 · Views: 6,792

emanresu
Posted on: Fri, 30 Mar 2018 - 05:45


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QUOTE
If they've been granted a lease for less than 7 years it doesn't require (and therefore probably won't be) registered at the Land Registry.


You don't even have to go to the LR. You ask the local council who pays the Non-Domestic Rates and you will likely find it is Excel as "occupiers". Dead end IMHO.

I'd be more interested in their printouts. They appear to be excel spreadsheets with no identification of whether these cover an individual machine or the site? And what happens when one machine on site goes down? Far more fertile area for challenge than the lease.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1370887 · Replies: 41 · Views: 1,347

emanresu
Posted on: Thu, 29 Mar 2018 - 14:36


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Sounds like a job for Trading Standards if they are operating outside their spaces. Sounds like someone has bought that crap about being able to sell Buckingham Palace.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1370780 · Replies: 18 · Views: 591

emanresu
Posted on: Thu, 29 Mar 2018 - 10:07


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From: Parking Support Groups
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QUOTE
I frequently use an Excel car park in South Manchester and whenever it has been possible I've bought a ticket (I have a collection of around 70).
Over the summer I was sent four parking charge notices for alleged contraventions in June and July and corresponding fines amounting to £400. I have recently received a letter from Excel to state that they intend to start court proceedings against me within two weeks.

On one of these occasions I had bought a ticket for the maximum length of stay but had left the car park and later re-entered it. I believe that the other three occasions relate to times when the machines were out of use. On one of these days there was an Excel employee in a van issuing hand-written tickets (which I'm afraid I have not kept) and on the other two days nobody was there and so I did not believe there was any way to pay. I took photos of the machines as evidence that I could not pay, which I have attached.

After receiving the letters, I wrote an appeal to explain this, using a template I found on the Money Saving Expert website (also attached). I tried to submit this appeal via an online portal as instructed in the letter. The portal crashed repeatedly and I was not able to submit my appeal.

I then rang a number I found for Excel Parking and went through an automated voicemail system. This instructed me to send an email with details of my appeal.

I then sent an email and received an automated response which stated that appeal claims would not be considered via email and could only be submitted via the online portal.

I then rang another number (I think it was included in the email) and spoke to a member of staff who said that he would allow me two weeks to re-submit my appeal.

I rang the number around 10 days later to make sure that I had the correct email address and spoke to another member of staff who said that there was no record of that conversation and that the allowed period for appeal had not been extended. She said that she would check with her manager and later advised me that I would be able to submit my appeal if done in the next week.

I then submitted my appeal and later received a response to say that it had not been accepted as I had been able to pay via a telephone payment system. I went back to my pictures and found that there had been a tiny sticker on the machine which I had not noticed. I had also not expected to see one as there had been an Excel employee issuing hand-written tickets the week before.

Last week I received a letter from Excel stating that they intend to take me to court. I am loathe to voluntarily pay this company any fines as I really feel as though the £400 payment they have demanded is totally unfair. I'd really appreciate any help. Thank you.


There is your Witness Statement to which you should attach copies of all the tickets you've collected to show that you don't scam the parking company - though they may not return the compliment.

Then it will be up to the judge to decide on the balance of probabilities if a) you did scam or b) the Excel machines fail / ANPR doesn't work.

If this is Manchester, I'd reckon you are a shoe-in for win.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1370719 · Replies: 41 · Views: 1,347

emanresu
Posted on: Thu, 29 Mar 2018 - 09:57


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Group: Members
Posts: 10,793
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From: Parking Support Groups
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QUOTE
what would be the worst case scenario in a few months time


....months of excitement and the opportunity to understand the legalities of parking tickets
  Forum: Private Parking Tickets & Clamping · Post Preview: #1370716 · Replies: 17 · Views: 539

emanresu
Posted on: Thu, 29 Mar 2018 - 06:30


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To save the hassle pay it.

If you want months of excitement and the opportunity to understand the legalities of parking tickets, then refuse to pay.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1370669 · Replies: 17 · Views: 539

emanresu
Posted on: Tue, 27 Mar 2018 - 07:30


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QUOTE
Does it matter that I'm in Scotland


QUOTE
ICO rules are the same. Go Get 'em !


The legislation is slightly different but the Scottish ICO may take affront if you ask someone else to investigate. In addition the other ICO would only refer you there.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1370150 · Replies: 29 · Views: 1,313

emanresu
Posted on: Sat, 24 Mar 2018 - 10:57


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QUOTE
What does that mean for my appeal?


Just follow the timings but with any appeal get proof you sent it as sometimes these get "lost"
  Forum: Completed Case Summaries · Post Preview: #1369593 · Replies: 11 · Views: 564

emanresu
Posted on: Fri, 23 Mar 2018 - 17:12


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QUOTE
They'll almost certainly force you to POPLA, but POFA non compliance (when spelt out) is usually an easy win.


They have been removed from the BPA list so POPLA may not be available. Should ask though.
  Forum: Completed Case Summaries · Post Preview: #1369468 · Replies: 11 · Views: 564

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